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Contact Name
Iwan Sopwandi
Contact Email
altinrisetpublishing@gmail.com
Phone
+6283865806343
Journal Mail Official
altinrisetpublishing@gmail.com
Editorial Address
Jl. S Supriadi Gg Masjid 33, Sukun, Kota Malang. Provinsi Jawa Timur, 65147
Location
Kota malang,
Jawa timur
INDONESIA
Anayasa
ISSN : -     EISSN : 29879965     DOI : https://doi.org/10.61397/ays.v1i
Core Subject : Social,
This journal is an academic journal with a focus on research in criminal law, civil law, international law, Islamic law, environmental law, legal administration, economic law, and customary law. This journal aims to provide a platform for sharing research results and scientific thoughts related to key issues in this field. Fields of study This journal covers, but is not limited to, the following areas of study: Criminal Law. Civil Law. International Law. Islamic law. Environmental Law. Legal Administration. Economic Law and customary law Research Format and Methods This journal accepts research and scientific writing using quantitative, qualitative, or a combination of both methods. We also welcome literature reviews, case studies, and writings that combine theory and practice in the above-mentioned fields. Journal Purpose The aim of this journal is to encourage high-quality research and scientific thinking in the fields of criminal law, civil law, international law, Islamic law, environmental law, legal administration, economic law, and customary law, as well as to facilitate the exchange of ideas and research results among academics, researchers, and practitioners. This journal also aims to strengthen academic and practical contributions and influence in the fields studied. Target Reader This journal is intended for academics, researchers, practitioners, and students who are interested in and involved in criminal law, civil law, international law, Islamic law, environmental law, legal administration, economic law, and customary law. Review Process This journal runs a rigorous review process for each submitted article. At least two impartial reviewers who are professionals in the related field will each examine one article. The final decision to accept or reject the article will be made by the journal editor based on the recommendations of the reviewers.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 63 Documents
INCREASING LEGAL AWARENESS OF MSME ENTREPRENEURS FOR TRADEMARK REGISTRATION AT DJKI Simatupang, Riris; Siregar , Hisar; Simamora , Sovia Febrina
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.332

Abstract

This study aims to analyze the legal implications for micro, small, and medium enterprises (MSMEs) that do not register their trademarks, as well as the legal steps that can be taken in the event of trademark infringement by another party. The method used is normative legal research, which focuses on a study of the legal norms governing trademark registration through the Directorate General of Intellectual Property (DJKI). This study was conducted by examining laws and regulations, court decisions, and academic literature to identify challenges and opportunities in the trademark registration process for MSMEs. The results showed that failure to register a trademark can lead to various legal, economic, and strategic risks, such as potential trademark infringement, loss of control over the market, and a weak legal position in dispute resolution. International legal frameworks, such as the Paris Convention and the TRIPS Agreement, emphasize that trademark registration is a key requirement for strong legal protection. In Indonesia, various protection mechanisms are available for MSMEs that experience trademark infringement, including civil lawsuits, criminal sanctions, and administrative complaints. Therefore, MSME actors are advised to immediately register their brands, obtain legal assistance, and encourage the simplification of law enforcement procedures to ensure the continuous protection of trademarks and increase competitiveness in the market.
JUDGES' CONSIDERATIONS IN PKPU DECISIONS AGAINST DEBTORS UNDERGOING HOMOLOGATION Simandalahi, Eli Ristiana; Anggusti, Martono; Nababan, Roida
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.333

Abstract

This study aims to analyze the legal considerations of judges in PKPU decisions against debtors who are executing homologation decisions and examine the legal provisions related to PKPU applications against the same debtor based on Law No. 37 of 2004. This study also highlights the legal phenomena related to two different decisions (homologation and bankruptcy) that occur to the same debtor and their legal impact on the company.  The method used in this research is a normative juridical approach with a case study of PT Sabang Subur. Data was collected through literature study and analysis of related court decisions. The results showed that the differences in legal interpretation in the application of PKPU to debtors who have carried out homologation can lead to legal uncertainty. Therefore, this research is expected to provide insight for legal practitioners regarding the aspects that need to be considered in making legal decisions related to PKPU applications to create legal certainty and justice in Indonesia.
DIVERSION IN THE JUVENILE JUSTICE SYSTEM: A REVIEW OF IMPLEMENTATION AND CHALLENGES Atika, Nur; Nuh, Ahmad; Salam, Abdul; Safaruddin, Safaruddin
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.336

Abstract

This research aims to find out the implementation and challenges of diversion. In this study, an empirical method is used. The primary and secondary data obtained are analyzed using a qualitative method, namely analyzing data related to the problem being researched, then selecting based on logical thinking. The results of this study show that: The implementation of diversion in the juvenile criminal justice system in Indonesia has a very important role in protecting children from the adverse effects of the judicial process. Despite the many challenges faced in its implementation, with improvements in terms of training law enforcement officials, and rehabilitation facilities, and increasing public awareness, diversion can be a more effective and profitable solution for children facing the law. Efforts to improve and pay greater attention to children's rights in the criminal justice system are expected to realize a fairer, more humane justice system and support child rehabilitation.
THE ROLE OF THE SALATIGA CITY REGIONAL FINANCIAL AND REVENUE MANAGEMENT AGENCY IN DETERMINING MARKET VALUE FOR BPHTB TAX COLLECTION Gondomono, Auddy Rogmanialdy; Sudarwanto, Sentot
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.339

Abstract

This research aims to analyze the authority of the Regional Financial and Revenue Management Agency (BPKPD), implementation, and legal consequences in determining the value of land sale and purchase transactions as a basis for determining Land and Building Rights Acquisition Fees (BPHTB) in Salatiga City. This research uses empirical normative legal research methods with statutory, conceptual and sociological approaches. The authority of the BPKPD in determining the selling price of land as a basis for determining BPHTB in the City of Salatiga is regulated in Salatiga Mayor Regulation Number 33 of 2024 concerning Guidelines for Implementing Rural and Urban Land and Building Tax Collection. In determining the BPHTB, the Salatiga City BPKPD makes adjustments to the Land and Building Tax Payable Tax Notification Letter (SPPT PBB) for the year when the BPHTB Regional Tax Payment Letter (SSPD) is reported with the determination of the amount of the PBB Tax Object Sales Value (NJOP) which has been adjusted based on the Decree of the Mayor of Salatiga for each year's period. The factors that influence the determination of land sale and purchase prices as a basis for determining BPHTB are the data base and human resources.
LEGAL RESPONSIBILITY OF DIGITAL PLATFORMS FOR THE PROTECTION OF STOCK INVESTOR LOSSES IN THE E-COMMERCE ERA Siregar, Boni; Sihotang, Lesson; Nababan, Roida
ANAYASA : Journal of Legal Studies Vol. 2 No. 2 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i2.354

Abstract

This article aims to analyze the legal responsibilities of digital platform companies in protecting stock investors in the era of e-commerce. This research uses a normative method with a legislative approach and case studies. The results show that the protection of stock investors is highly dependent on adaptive regulation and the implementation of strict legal responsibilities by digital platforms. It is recommended that companies improve transparency, technology security, and user education to strengthen investor confidence. What is the legal responsibility of digital platform companies in protecting stock investors from legal and technological risks in the e-commerce era? What are the regulatory efforts in Indonesia to ensure legal protection for stock investors who use digital platforms, and what steps need to be taken to overcome the regulatory loophole?
ASPECTS OF LEGAL CERTAINTY REGARDING THE TRANSFER OF LAND RIGHTS USING A POWER OF ATTORNEY DEED Khairunnisah, Khairunnisah
ANAYASA : Journal of Legal Studies Vol. 2 No. 1 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v2i1.363

Abstract

This study aims to examine the legal certainty in the mechanism of transferring land rights through a deed of authority to sell, by integrating philosophical, juridical, and sociological perspectives. Philosophically, legal certainty is seen as the embodiment of justice and moral values that require every legal instrument, including the power to sell, to be based on the principles of legality and justice in order to create a harmonious social order. The juridical approach emphasizes that the use of the power to sell must fulfill formal and material requirements under the Basic Agrarian Law and its derivative regulations. In this case, the role of the Notary or PPAT (a government official) as the authorized official is key in realizing the legal force and certainty of the status of land rights. This research uses an empirical juridical method with a legal analysis approach. Data was collected through observation and interviews to verify the procedure for making deeds, the mechanisms of administrative and taxation verification, and the role of authorized officials. The results showed that the validity of the power of attorney to sell depends heavily on administrative completeness, such as clearly stating the identities of the parties, the object, and the power of attorney clause. A systematic and transparent deed-making procedure, conducted by a notary or land official, has been proven to minimize potential disputes. Administrative verification integrated with tax compliance further strengthens the legitimacy of transactions. Thus, a deed of power of attorney to sell made by statutory regulations can increase legal certainty and legal protection for the parties, especially for bona fide buyers.
JURIDICAL REVIEW OF LEGAL PROBLEMS IN E-COMMERCE Himawan, Oei Leonardo; Sulaksono, Agam; Suyatno, Suyatno
ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i1.380

Abstract

Electronic commerce does provide many benefits, but it is also prone to violations of consumer rights. Law No. 19 of 2016 concerning ITE, Law No. 7 of 2014 concerning Trade and Law No. 8 of 1999 concerning Consumer Protection have indeed been prepared by the Government to deal with this matter in theory but not in practice where complications arise such as the viral case of ordering tiles worth 28.7 million consumers losing money and not getting their orders. The purpose of writing this law is to find out the position and responsibilities of the Dropshipper if there is a violation of Consumer Rights, and what regulations need to be applied by the Government to Dropshippers as e-commerce service providers in electronic trade transactions. The use of a normative perspective legislative approach aims to explain the legal position in online trade transactions. This study investigates legal principles, legal systematics, the degree of legal synchronization, and legal history. The data used are from secondary, primary, and tertiary legal sources. The result of this writing research is that legal certainty can be answered with preventive steps, namely recording the identity of e-commerce platform actors who are required to have a business license based on Article 15 of PP PMSE. As well as the need for the role of the Ministry of Communication and Information to strive to supervise business actors in e-commerce. 
THE AUTHORITY OF THE STATE ADMINISTRATIVE COURT (PTUN) TO ADJUDICATE POSITIVE FICTITIOUS DECISIONS FROM A PERSPECTIVE OF JUSTICE Laksono, Nowo; Nasution, Krisnadi; Budiarsih, Budiarsih
ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i1.413

Abstract

The Administrative Court (PTUN) plays an important role in safeguarding the principles of legal certainty, justice, and protection of citizens' rights in Indonesia's administrative legal system. One of the emerging issues is positive fictitious decisions, which stipulate that if an administrative official does not issue a decision within a certain period, the petition is deemed to have been granted. This study aims to explore the authority of the PTUN in adjudicating positive fictitious decisions from a justice perspective. The method used is normative legal research that analyzes relevant regulations and their implementation in practice. The findings reveal that regulatory changes through Law No. 6 of 2023 have created legal uncertainty, reduced the PTUN's authority to adjudicate positive fictitious decisions, and created potential injustices for the public. This study recommends that the PTUN be granted the authority to adjudicate positive fictitious decisions while considering the principle of substantive justice, and the need for clearer regulations regarding oversight mechanisms within the automated administrative system. This study concludes that the removal of the PTUN's authority without clear alternative solutions contradicts the fundamental principles of the rule of law and has the potential to harm the public in accessing administrative justice.
THE CONCURRENT ROLE OF THE CENTRAL AND LOCAL GOVERNMENTS IN ADDRESSING THE POVERTY CYCLE IN INDONESIA Taufik, Muh Bambang; Taqiyuddin BN , Andi Muh.; Arief, Ahmad
ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i1.414

Abstract

To overcome the cycle of poverty in Indonesia, competition between the central and regional governments creates its challenges. Although various social assistance and economic empowerment programmes have been launched, data from the Central Statistics Agency (BPS) shows that around 9.54% of Indonesia's population still lives below the poverty line in 2023. The reality on the ground shows that the mismatch between policies and the needs of communities at the local level often hinders the effectiveness of programmes. For example, direct cash transfers (BLT) received by communities are often insufficient to meet basic needs due to high living costs. Additionally, overlapping policies and a lack of coordination between the central and local governments cause confusion among beneficiaries. This results in social and economic vulnerability among communities, exacerbating the complexity of poverty issues that should be addressed. Therefore, a more integrated and responsive strategy tailored to local conditions is needed to achieve more effective results in poverty alleviation.
THE STRATEGIC FUNCTION OF EDUCATION BETWEEN INHERITANCE AND SOCIO-CULTURAL CHANGE IN THE CIREBON ENVIRONMENT: A SOCIOLOGICAL APPROACH Ratnaningsih, Fifit; Udin, Tamsik; Mulyana, Asep
ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i1.401

Abstract

This article discusses the strategic function of education in the context of cultural and social heritage transmission and change in the Cirebon community, using a sociological approach. Education plays a role not only as a means of preserving local cultural values and traditions but also as an agent of change that encourages society to adapt to evolving social and cultural dynamics. This study examines how the education system in Cirebon strives to balance maintaining cultural heritage and responding to the challenges of modern social change. Using qualitative data and sociological analysis, the article reveals the crucial role of education in strengthening social and cultural identity while initiating constructive transformation within the Cirebon society.